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AGREEMENT BETWEEN USER AND Jo Jo's
The Jo Jo's Web Site is comprised of various Web pages operated by Jo Jo's.
The Jo Jo's Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of the Jo Jo's Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Jo Jo's reserves the right to change the terms, conditions, and notices under
which the Jo Jo's Web Site is offered, including but not limited to the charges
associated with the use of the Jo Jo's Web Site.
LINKS TO THIRD PARTY SITES
The Jo Jo's Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Jo Jo's and Jo Jo's
is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Jo Jo's is not responsible for webcasting or any other form of
transmission received from any Linked Site. Jo Jo's is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by Jo Jo's of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Jo Jo's Web Site, you warrant to Jo Jo's that
you will not use the Jo Jo's Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the Jo Jo's
Web Site in any manner which could damage, disable, overburden, or impair the
Jo Jo's Web Site or interfere with any other party's use and enjoyment of the
Jo Jo's Web Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Jo Jo's Web Sites.
USE OF COMMUNICATION SERVICES
The Jo Jo's Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
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Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
-
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
-
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
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Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
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Conduct or forward surveys, contests, pyramid schemes or chain letters.
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Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
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Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
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Restrict or inhibit any other user from using and enjoying the Communication
Services.
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Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
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Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
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Violate any applicable laws or regulations.
Jo Jo's has no obligation to monitor the Communication Services. However, Jo
Jo's reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. Jo Jo's reserves the right
to terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
Jo Jo's reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Jo Jo's's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Jo Jo's does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, Jo Jo's specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized Jo Jo's spokespersons, and their views do not necessarily
reflect those of Jo Jo's.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Jo Jo's OR POSTED AT ANY Jo Jo's WEB SITE
Jo Jo's does not claim ownership of the materials you provide to Jo Jo's
(including feedback and suggestions) or post, upload, input or submit to any Jo
Jo's Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting Jo Jo's, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Jo Jo's is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Jo Jo's's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Jo Jo's WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Jo Jo's AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Jo Jo's WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Jo Jo's WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Jo Jo's AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Jo Jo's WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Jo Jo's
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Jo Jo's
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Jo Jo's WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE Jo Jo's WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Jo Jo's WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE Jo Jo's WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Jo Jo's OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Jo Jo's WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Jo Jo's WEB SITE.
SERVICE CONTACT : admin@v2.Jo Jo's.com.au
TERMINATION/ACCESS RESTRICTION
Jo Jo's reserves the right, in its sole discretion, to terminate your access to
the Jo Jo's Web Site and the related services or any portion thereof at any
time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in King
County, Washington, U.S.A. in all disputes arising out of or relating to the
use of the Jo Jo's Web Site. Use of the Jo Jo's Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Jo Jo's as a result of this agreement or use of the Jo Jo's Web Site.
Jo Jo's's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Jo Jo's's
right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Jo Jo's Web Site or information
provided to or gathered by Jo Jo's with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and Jo Jo's with
respect to the Jo Jo's Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Jo Jo's with respect to the Jo Jo's Web Site. A printed version of
this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Jo Jo's Web Site are: © Copyright 2006 Jo Jo's and/or
its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement. |
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